A sentencing judge dealing with a juvenile offender must explain in the sentencing remarks why alternatives to detention identified in a pre-sentence custody report were rejected, even where the offender has served substantial pre-sentence custody. Time served on remand does not necessarily make detention appropriate, nor does it determine the minimum period of detention. Where a conditional release order cannot be made because the offender is in custody for other offending (s 220 requiring immediate release), the court may sentence to a period of detention equal to time already served.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.